Florida Statutes 333.07 – Local government permitting of airspace obstructions
Current as of: 2023 | Check for updates
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(1) PERMITS.–
(a) A person proposing to construct, alter, or allow an airport obstruction in an airport hazard area in violation of the airport protection zoning regulations adopted under this chapter must apply for a permit. A permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport protection zoning regulation was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit is made.
Terms Used In Florida Statutes 333.07
- Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. See Florida Statutes 333.01
- Airport hazard: means an obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. See Florida Statutes 333.01
- Airport protection zoning regulations: means airport zoning regulations governing airport hazards. See Florida Statutes 333.01
- Obstruction: means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C. See Florida Statutes 333.01
- Person: means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See Florida Statutes 333.01
- Political subdivision: means the local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. See Florida Statutes 333.01
- Public-use airport: means an airport, publicly or privately owned, licensed by the state, which is open for use by the public. See Florida Statutes 333.01
- Structure: means any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines. See Florida Statutes 333.01
(b) If the political subdivision or its administrative agency determines that a nonconforming obstruction has been abandoned or is more than 80 percent torn down, destroyed, deteriorated, or decayed, a permit may not be granted if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from the airport protection zoning regulations. Whether or not an application is made for a permit under this subsection, the owner of the nonconforming obstruction may be required, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport protection zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement for 10 days after notice, the administrative agency may report the violation to the political subdivision involved, which subdivision, through its appropriate agency, may proceed to have the obstruction so lowered, removed, reconstructed, altered, or equipped and assess the cost and expense thereof upon the owner of the obstruction or the land whereon it is or was located.
(2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.–In determining whether to issue or deny a permit, the political subdivision or its administrative agency must consider the following, as applicable:
(a) The safety of persons on the ground and in the air.
(b) The safe and efficient use of navigable airspace.
(c) The nature of the terrain and height of existing structures.
(d) The effect of the construction or alteration on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder.
(e) The character of existing and planned flight operations and developments at public-use airports.
(f) Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration.
(g) The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport.
(h) The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.
(i) Additional requirements adopted by the political subdivision or administrative agency pertinent to evaluation and protection of airspace and airport operations.
(3) OBSTRUCTION MARKING AND LIGHTING.–In issuing a permit under this section, the political subdivision or its administrative agency shall require the owner of the obstruction to install, operate, and maintain thereon, at his or her own expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration.